Court of Appeal for Ontario

CITATION: R. v. James, 2012 ONCA 760

DATE: 20121108

DOCKET: C54389

Before: Winkler C.J.O., Rosenberg and Hoy JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Shawn James

Appellant

Counsel: Jonathan Dawe, for the appellant Lisa Csele and Sabrina Montefiore, for the respondent

Heard and released orally: October 11, 2012

On appeal from the conviction entered on March 1, 2010 and the sentence imposed on June 4, 2010 by Justice Michael H. Tulloch of the Superior Court, sitting without a jury.

ENDORSEMENT

[1] The appellant appeals his sentence of nine years imposed by the trial judge for importing 4.1 kg of cocaine. In our view, the trial judge committed no error in principle in arriving at this sentence.

[2] There is ample evidence to support the trial judge’s findings that the appellant – who was 33 at the time – was in a superior position, in the importation scheme, to the courier, that the courier – a 19-year old woman on social assistance – was vulnerable, and that the appellant organized the importation of the drugs. We are not convinced that the trial judge relied on stereotypical assumptions about the relationship between the appellant and the courier in finding her vulnerable.

[3] Given that the appellant’s role in the importation of the cocaine was greater than that of a mere courier and the multi-kilo quantity of cocaine imported, the sentence imposed is not demonstrably unfit.

[4] Accordingly, while leave to appeal sentence is granted, the appeal is dismissed. We note that the appellant abandoned his appeal against conviction.

“Warren Winkler C.J.O.”

“M. Rosenberg J.A.”

“Alexandra Hoy J.A”